Politique de confidentialité / Conditions d'utilisation


Kisapp Privacy Policy

Introduction.

This is the Privacy Policy for our mobile application [Kisapp] (the App) and our website [www.kisapp.co] (the Site). Both the App and the Site are provided and operated by Kisapp Limited (we, us and our). For the purposes of the Data Protection Act 1998 and the EU's General Data Protection Regulation, we are the data controller.

Kisapp takes the security of your data and the confidentiality of your personal information very seriously, and remain as transparent as possible in explaining how we use your data in providing our Services. Here we explain how we collect information, what we do with it, and what controls you have.Ê

Please note that our Privacy Policy is incorporated into and is subject to the Kisapp End User Licence Terms, so please read both documents carefully. Your use of the Site or App indicates your consent to this Privacy Policy and our End User Licence Terms. If you do not want to be bound by these agreements, you may not use the Site or App.

Please note that we reserve the right to change this privacy policy from time to time by changing it on the Site or by updating the App. This privacy policy was last updated on the 24th of May 2018.

Our Privacy Policy In Brief:

  • Kisapp Limited provides first-class data protection and privacy policy, compliant with the Data Protection Act 1998 and the EU's General Data Protection Regulation;
  • Our users fully own their data. We do not store, share or sell any personal identifiable data about our users;
  • We do not know who our users are, who they communicate with, nor what they say;
  • We use strong multilayers of end-to-end encryption;
  • We have no way to decipher your communications;
  • Your private key never leaves your physical device;
  • All communications are ephemeral and self-destruct within seconds;
  • Deletion is forever. When a message self-destructs, its deletion is instantly synchronized accross all devices using the same Kisapp account, and the Kisapp servers;
  • Our servers are solely based in Switzerland, known for its first-class data protection and privacy regulations;
  • All communications are securely destroyed from our servers if undelivered after a period of 72h from the time at which they have been sent;
  • We use forensic deletion techniques to ensure the safe destruction of your messages and any associated metadata;
  • We do not store your deviceÕs address book. We periodically scan a hashed version of it;
  • We have a strict screenshot policy. Any user taking screenshots may be permanently blocked from using the App. Users may be notified of the screenshots taken with a copy of them.

Information We Collect Automatically On The App:

We are committed to limiting the collection of users information to the basic necessary to provide you with use of the Site and/or the App as relevant. We only collect information from users who create Kisapp accounts. You must create a Kisapp account to use Kisapp.

We may collect and process the following information about you:

  • Hashed mobile number and encrypted passcode used to create the Kisapp account;
  • Encrypted information that you may provide by to us via the App (such as the optional profile picture);
  • Encrypted mobile numbers and names of contacts you may provide by using the Smart Address Book;
  • Active devices using the same Kisapp account;
  • Encrypted messages until delivered to the recipients, and destructed.

Your Account Information.

You provide your mobile phone number and basic information (such as a profile name) to create a Kisapp account. You provide us, all in accordance with applicable laws, the phone numbers in your mobile address book, in a hashed version, on a regular basis, including those of both the users of our Services and your other contacts.
You may also add other information to your account, such as a profile picture.

Your Connections.

To help you organize how you communicate with others, we may help you identify your contacts who also use Kisapp, and you can create, join, or get added to groups. Such groups get associated with your account information.
You can give your groups a name. You may choose to provide a group profile picture or description.

Your Messages.

We do retain your encrypted messages in the ordinary course of providing our Services to you. Once your messages (including your chats, photos, videos, voice messages, and share location information) are delivered and destructed, they are deleted from our servers. Your messages are encrypted from your devices, then stored on our servers until delivered and destructed on your the recipientÕs device. If a message cannot be delivered immediately (for example, if you are offline), we may keep it on our servers for up to 3 days as we try to deliver it. If a message is still undelivered after 3 days, we securely delete it.

We offer end-to-end encryption for our Services, which is on by default. End-to-end encryption means that your messages are encrypted to protect against us and any third party from reading them.

Learn more about End-to-End Encryption on Kisapp.co.

Usage And Log Information.

We collect limited unidentifiable information about your activity on our Services, such as diagnostic and performance information. This includes information about your activity (including how you use our Services, your Services settings, how you interact with others using our Services, and the time, frequency, and duration of your activities and interactions), log files, and diagnostic, crash, website, and performance logs and reports.

This also includes information about when you registered to use our Services, the features you use like our messaging, groups features, or profile photo.

Device And Connection Information.

We collect device and connection-specific information when you install, access, or use our Services. This includes information like hardware model, operating system information, app version, connection information including phone number, language and time zone, IP, device operations information, and identifiers like device identifiers.
Location Information.

We collect device location information if you use our location features, like when you choose to share your location with your contacts, or locations others have shared with you, and for diagnostics and troubleshooting purposes such as if you are having trouble with our app's location features. We use various technologies to determine location, including IP, GPS, Bluetooth signals, and information about nearby Wi-Fi access points, beacons, and cell towers.

THIRD-PARTY INFORMATION

Information Others Provide About You.

We receive information about you from other users. For example, when other users you know use our Services, they may provide your phone number, name, and other information (like information from their mobile address book, just as you may provide theirs, or they may send you a message, send messages to groups to which you belong. We require each of these users to have lawful rights to collect, use, and share your information before providing any information to us.

• Third-Party Service Providers. We work with third-party service to help us operate, provide, improve, understand, customize, support, and market our Services. For example, we work with companies to distribute our apps, provide our infrastructure, delivery, and other systems, supply location, SMS, map, help us understand how people use our Services and market our Services. These companies may provide us information about you in certain circumstances; for example, app stores may provide us reports to help us diagnose and fix service issues.

• Third-Party Services. We allow you to use our Services in connection with third-party services. If you use our Services with such third-party services, we may receive information about you from them; for example, if you use the Kisapp share button on a news service to share a news article with your Kisapp contacts or groups on our Services, or if you choose to access our Services through a mobile carrier's or device provider's promotion of our Services. Please note that when you use third-party services, their own terms and privacy policies will govern those services.

HOW WE USE INFORMATION

Uses Made Of The Information We Collect (Site/App).

We use the information which we collect to:

  • Enable us to provide you with the services and information offered through the Site/App and which you request;
  • Enable us to improve the quality of our service and correct any bug, issue or crash users might experience;
  • Administer your account with us;
  • Audit the downloading of the App and data from the Site/App;
  • Improve the layout and/or content of the pages of the Site/App and customize them for our users;
  • Identify visitors to the Site;
  • Carry out research on our users' demographics;
  • Respond to enquiry made on our website using the form;
  • To provide anonymous Non-Identifiable and Non-Personal information about use of our services to partners including outside of Europe.

We use the information we have (subject to choices you make) to operate, provide, improve, understand, customize, support, and market our Services. Here's how:

• Our Services. We use the information we have to operate and provide our Services, including providing customer support, and improving, fixing, and customizing our Services. We understand how people use our Services and analyze and use the information we have to evaluate and improve our Services, research, develop, and test new services and features, and conduct troubleshooting activities. We also use your information to respond to you when you contact us;

• Communications About Our Services. We use the information we have to communicate with you about our Services and features and let you know about our terms and policies and other important updates. We may provide you marketing for our Services. Please see How You Exercise Your Rights for more information;

Information You And We Share.

You share your information as you use and communicate through our Services, and we share your information to help us operate, provide, improve, understand, customize, support, and market our Services:

• Send Your Information To Those You Choose To Communicate With. You share your information (including messages) as you use and communicate through our Services;

• Account Information. Your phone number, profile information, and receipts may be available to anyone who uses our Services, although you can configure your Services settings to manage certain information available to other users with whom you communicate;

• Your Contacts. Users with whom you communicate may store or share your information (including your phone number or messages) with others on and off our Services. You can use your Services settings and the block feature in our Services to manage the users of our Services with whom you communicate and certain information you share;

• Third-Party Service Providers. We work with third-party service providers to help us operate, provide, improve, understand, customize, support, and market our Services. When we share information with third-party service providers in this capacity, we require them to use your information on our behalf in accordance with our instructions and terms;

• Third-Party Services. When you use third-party services that are integrated with our Services, they may receive information about what you share with them. For example, if you use a data backup service integrated with our Services (like iCloud or Google Drive), they will receive information you share with them. If you interact with a third-party service linked through our Services, you may be providing information directly to such third party. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.

Information We Do Not Collect On The App:

This is equally important to us since we do not store any communication after they have been delivered to the intended recipient, and destructed. On Kisapp, all communications are ephemeral by default and self-destruct within seconds.

Once a message self-destructs, its deletion is instantly synchronized accross all your devices and our servers. We also use forensic deletion techniques to ensure the safe destruction of your messages and any associated metadata.

Please note that all communications are securely destroyed from our servers if undelivered after a period of 72h from the time at which they have been sent.

Optional User-Provided Information On The App:

Within the Site and App, we provide a few optional features for your convenience. Some of these features, described below, will ask for personal information. If you want to keep your use of Kisapp as anonymous as possible, please read these sections carefully in order to understand how we associate information you provide with your Kisapp account.

Push Notifications: When setting up your Kisapp account, we will ask if you want to receive push notifications from us. Push notifications are functions of your devices' operating system, so if you enable this feature, your devices operating systemÕs manufacturer will know that you are using Kisapp, but will not know anything about how you use it or be able to see anything you transmit through it.

Friends Finder: This allows you to search for contacts from your deviceÕs address book, who are also using Kisapp. If you grant us access to your deviceÕs address book, Kisapp will encrypt the telephone numbers of your deviceÕs address book and operate a scan on the Kisapp servers to check if some of these numbers are already registered with Kisapp. Please note that we never store your deviceÕs address book, even if you grant us access to it. We only scan an encrypted version of the telephone numbers. Shall you do not want to grant us access, you will still be able to add friends manually on Kisapp by using the Smart Book function.

Tell a Friend: If you want to recommend Kisapp to friends, the App will be able to access your deviceÕs contacts in order to invite them to use the App and Site. Again, we never store your device contacts on our servers. We generate a standard and editable text invitation locally on your device, without sharing any information with us. You are in total control.

Night Theme: Kisapp offers a night theme function, with the option to automatically switch to it according to the current brightness of your device. Please note that if the automatic switch is turned on, the App will check the current brightness of your screen.

Location: Kisapp allows you to send your current location to your contacts, shall you wish to let someone know about where you are. However, please note that we do not record your location nor follow you. The App will send your current location only, and only if you choose to send it. This information will be encrypted and send in the form of a interactive map.

Information We Collect On The Site:

As per with the App, we are committed to limiting the collection of users information to the basic necessary. We only collect information that you share with us.

We may collect and process the following information about you:

  • General information such as your name, email address, and actual message that you provide by completing the online form;
  • Other communications you send to us, for example to report a problem or to submit queries, concerns or comments regarding the Site/App or its content; and
  • Information from surveys or Referral programmes that we may run on the Site for research purposes, if you choose to respond to, or participate in, them.

You are under no obligation to provide any such information. However, if you should choose to withhold requested information, we may not be able to provide you with certain services.

Also, when you visit the Site or use the App, we may, by means of cookies and/or other similar technologies, automatically collect additional information about you Ð such as the type of internet browser or mobile device you use, any website from which you have come to the Site, your IP address (the unique address which identifies your computer or mobile device on the internet) and/or the operating system of your computer or mobile device. See Cookies and other technologies for more information.

Cookies And Other Technologies.

Cookies are small pieces of information which are issued to your computer or mobile device (as the case may be) when you visit a website or access or use a mobile application and which store and sometimes track information.

On The App.

We always work on improving our service, which is designed to ensure the utmost level of security and privacy. To this extent, we use third party services that use cookies on Kisapp and that enable us to be instantly aware of any problem and crash experienced by our users, as well as learning more about how our users interact with the App. This is Non-Personal information describing an action made on the App.

On The Site.

We always work on improving our service and raising awareness about Kisapp. To this extent, we use Performance and Analytical Cookies on the Site that enable us to learn more about how visitors navigate our content and interact with our materials, so we can be more effective at informing our users about any product developments.

Performance And Analytical Cookies.

We use Google Analytics to analyse statistical information from users of the Site. This is Non-Personal Information. They help us understand if you have visited the Site before so we can identify the number of unique visitors we receive to different parts of the site. These cookies also help us understand how long you spend on the Site, where you have come to the Site from, so that we can improve the Site and learn which parts of the Site are most popular with visitors.

Google Opt Out.

You can also choose not to be included in Google Analytics here. Most web and mobile device browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set.Ê You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browser or mobile device. Please note, however, that by blocking or deleting cookies used on the Site, you may not be able to take full advantage of the Site.

Security.

Kisapp places great importance on the security of all personal information associated with our users and takes this very seriously. We have security measures in place to attempt to protect against the loss, misuse and alteration of personal information under our control. For example, our security and privacy policies are periodically reviewed and enhanced as necessary and only authorized personnel have access to personal information. Whilst we cannot ensure or guarantee that loss, misuse or alteration of information will never occur, we use all reasonable efforts to prevent it.

While we take all possible measures and use all reasonable efforts to keep the information we hold secure on our end, you should bear in mind that submission of information over the internet is never entirely secure. We cannot guarantee the security of information you submit via the Site/App whilst it is in transit over the internet and any such submission is at your own risk. If Kisapp learns of a security systems breach, then we may attempt to notify you via, post a notice to the App/Site so that you can take appropriate protective steps.

When browsing on the Internet, it is advisable to close your browser when you have finished your user session to help ensure others do not access your personal information if you use a shared computer or a computer in a public place.

Storage Of Your Information.

Your personal information which we collect Ð unidentifiable and encrypted - is sent to and stored on secure servers located in Switzerland and managed by a carefully selected third party provider. As mentioned above, once a message has been delivered to the recipient, or where it is undelivered after 72 hours, our server securely deletes the message and all data relating to it.

By using the App or the Site and providing information to us, you expressly consent to the processing of your personal data in Switzerland as described in this policy.Ê

Information Sharing

We do not share any user information we have with third parties except (1) our service provider in Switzerland as set out above, (2) the third-parties listed below.

To improve Kisapp, we may engage with outside partners that have specific limited access to limited data. We carefully select each of our partners based on our commitment to user privacy and security.

• To analyse the efficiency of the Site and improve it, we use Google Analytics. This gives us anonymous statistical information about navigators and how they use the Site, including how long they spend on the Site, and where they have come to the Site from. Others anonymous information such as the type of browser used and page visited, and genders are also collected to help us better understand our audience.

• To analyse the efficiency of the App and improve it, we use Fabric and their Crashlytics/Answers services. Crashlytics allows us to be instantly aware of any bug, issue or crash experienced by our users, therefore allowing us to take actions in a timely manner. Answers allows us to know how you use the App, and only describe an action such as the sending of message and the use of functions like the mute button. This enables us to best understand which features are mostly used and therefore improve the general quality of our Services.

• To deliver a confirmation SMS to our users, we use Nexmo.

• To maintain high-security, fast and reliable service delivery worldwide, Kisapp partners with an international infrastructure provider based in Switzerland.

In the event that we undergo re-organisation, or that Kisapp is acquired by or merged with a third party entity, you agree that we may transfer any and all information we collect to that re-organised entity or the relevant third party. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights, we may not be able to control how your personal information is treated, transferred, or used.

Assignment, Change Of Control, And Transfer.

All of our rights and obligations under our Privacy Policy are freely assignable by us to any of our affiliates, in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

HOW THE GENERAL DATA PROTECTION REGULATION APPLIES TO OUR USERS.

Our Legal Bases For Processing Information.

We collect, use, and share the information we have as described above:

  • as necessary to fulfill our Terms;
  • consistent with your consent, which you can revoke at any time;
  • as necessary to comply with our legal obligations; and
  • as necessary for our (or others') legitimate interests, including our interests in providing an innovative, relevant, safe, and profitable service to our users and partners, unless those interests are overridden by your interests or fundamental rights and freedoms that require protection of personal data.

How You Exercise Your Rights.

Under the General Data Protection Regulation or other applicable local laws, you have the right to access, rectify, port, and erase your information, as well as the right to restrict and object to certain processing of your information. This includes the right to object to our processing of your information for direct marketing and the right to object to our processing of your information where we are performing a task in the public interest or pursuing our legitimate interests or those of a third party.

You can access your information by contacting us at account@kisapp.co. You can access tools to rectify, update, and erase your information directly in-app as described in the Managing and Deleting Your Information section. If we process your information based on our legitimate interests or those of a third party, or in the public interest, you can object to this processing, and we will cease processing your information, unless the processing is based on compelling legitimate grounds or is needed for legal reasons.

You can also object to our processing of your information and learn more about your options for restricting the way we use your information by contacting us at privacy@kisapp.co.

Managing And Deleting Your Information.

We store information until it is no longer necessary to provide our services, or until your account is deleted, whichever comes first. This is a case-by-case determination that depends on things like the nature of the information, why it is collected and processed, and relevant legal or operational retention needs.

If you would like to manage, change, limit, or delete your information, we allow you to do that through the following tools:

• Services Settings. You can change your Services settings to manage certain information available to other users. You can manage your contacts and groups, or use our block feature to manage the users with whom you communicate;
• Changing Your Mobile Phone Number, Profile Name And Picture. You must change your mobile phone number using our in-app change number feature and transfer your account to your new mobile phone number. You can also change your profile name, profile picture, and about information at any time;
• Deleting Your Kisapp Account. You may delete your Kisapp account at any time (including if you want to revoke your consent to our use of your information) using our in-app delete my account feature. When you delete your Kisapp account, your undelivered messages are deleted from our servers as well as any of your other information we no longer need to operate and provide our Services. Be mindful that if you only delete our Services from your device without using our in-app delete my account feature, your information may be stored with us for a longer period. Please remember that when you delete your account, it does not affect the information other users have relating to you, such as their copy of the messages you sent them.

How We Process Your Information.

Under European law, companies must have a legal basis to process data. You have particular rights available to you depending on which legal basis we use, and we've explained these below. You should know that no matter what legal basis applies, you always have the right to request access to, rectification of, and erasure of your data under the General Data Protection Regulation (the "GDPR"). To exercise your rights, see our Privacy Policy under How You Exercise Your Rights.

For all people who have legal capacity to enter into an enforceable contract, we process data as necessary to perform our contracts with you (the Terms of Service, the "Terms"). We describe the contractual services for which this data processing is necessary in Our Services section of the Terms and in the additional informational resources accessible from our Terms. The core data uses necessary to provide our contractual services are:

• To provide, improve, customize, and support our Services as described in "Our Services";
• To promote safety and security;
• To communicate with you, for example, on Service-related issues.

These uses are explained in more detail in our Privacy Policy, under How We Use Information. We'll use the data we have to provide these services; if you choose not to provide certain data, the quality of your experience using Kisapp may be impacted.

When we process data you provide to us as necessary to perform our contracts with you, you have the right to port it under the GDPR. To exercise your rights, visit How You Exercise Your Rights section of the Privacy Policy.

The other legal bases we rely on in certain instances when processing your data are:

Your Consent:

• For collecting and using information you allow us to receive through the device-based settings when you enable them (such as access to your GPS location, camera, or photos), so we can provide the features and services described when you enable the settings.

When we process data you provide to us based on your consent, you have the right to withdraw your consent at any time and to port that data you provide to us, under the GDPR. To exercise your rights, visit your device-based settings, your in app-based settings like your in-app location control, and the How You Exercise Your Rights section of the Privacy Policy.

Our legitimate interests or the legitimate interests of a third party, where not outweighed by your interests or fundamental rights and freedoms ("legitimate interests"):

For people under the age of majority (under 18, in most EU countries) who have a limited ability to enter into an enforceable contract only, we may be unable to process personal data on the grounds of contractual necessity.

Nevertheless, when such a person uses our Services, it is in our legitimate interests:

• To provide, improve, customize, and support our Services as described in Our Services;
• To promote safety and security; and
• To communicate with you, for example, on Service-related issues.

The legitimate interests we rely on for this processing are:

• To create, provide, support, and maintain innovative Services and features that enable people under the age of majority to express themselves, communicate, discover, and engage with information relevant to their interests, build community, and utilize tools and features that promote their well-being;
• To secure our platform and network, verify accounts and activity, detect and prevent spam and other bad experiences, and keep our Services free of harmful or inappropriate content, and investigate suspicious activity or violations of our terms or policies and to protect the safety of people under the age of majority, including to prevent exploitation or other harms to which such individuals may be particularly vulnerable.

If you are under the age of majority in your country and have a limited ability to enter an enforceable contract, we will take particular account of the fact that you are below the age of majority and adjust our assessment of our legitimate interests and the balancing of your interests and rights accordingly.

Compliance with a legal obligation:

• For processing data when the law requires it, including, for example, if there is a valid legal request for certain data. See our Privacy Policy under Law and Protection for more information.

Tasks carried out in the public interest:

• For undertaking research and to promote safety and security, as described in more detail in our Privacy Policy under How We Use Information, where this is necessary in the public interest as laid down by European Union law or Member State law to which we are subject.

When we process your data as necessary for a task carried out in the public interest, you have the right to object to, and seek restriction of, our processing. To exercise your rights, go to How You Exercise Your Rights section of the Privacy Policy. In evaluating an objection, we'll evaluate several factors, including: reasonable user expectations; the benefits and risks to you and third parties; and other available means to achieve the same purpose that may be less invasive and do not require disproportional effort.

Your objection will be upheld, and we will cease processing your information, unless the processing is based on compelling legitimate grounds or is needed for legal reasons.

Law Enforcement.

It may be required ? by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence ? for Kisapp to disclose the information we may hold in the event of such actions being necessary or appropriate for the purposes of national security, law enforcement, or other issues of public importance, or to prevent fraud or other cyber crimes, property or personal safety of any person, or to enforce our terms and conditions or protect our operations or users. ÊNote that we are not able to identify users or their communications due to the encryption used, and do not store identifiable data on our servers, because we operate data minimization.

Please see our full Law Enforcement Guideline, but here are the highlightsÊ:

We will always notify our users of any third party requests for their information unless we are legally prohibited from doing so. As soon as legally permissible, we will notify our users of requests for their information. However, because of the nature of our technology, the contents of communications will be encrypted and undecipherable, if ever obtained.Ê We will only provide any information about users when we are legally compelled to (requiring a warrant or other equivalent order).

Child Safety.

Protecting the safety of children when they use the Internet is very important to us. For that reason, the App/Site is intended for use only by persons who are at least 13 years of age and have received permission from their parent or guardian before using the App or accessing the Site or before sending any personal information to us or anyone else online. No part of the App or Site is directed to or intended to be used by persons under 13. By using the App or accessing the Site, you confirm to us that you meet this requirement and that, if you are under the age of 18, you have received permission from your parent or guardian before using the App or accessing the Site or before sending any personal information to us or anyone else online.

External Links.

The Site/App contain respective links to each other and external social network pages. We are not responsible for the privacy policies of such sites and do not guarantee that they will be continuously available.

Deleting Your Account.

You can delete your account at any time. Once deleted, your account will be securely deleted from our servers and therefore irrevocably suspended. If you wish to delete your Kisapp account, go to Kisapp Settings, Account, Delete my Account and authentify by entering your telephone number and passcode.Ê

Contacting Us.

Please submit any questions, concerns or comments you have about this privacy policy or any requests concerning your personal data .

You have the right to lodge a complaint with Kisapp's lead supervisory authority, The UK Data Protection Commissioner, or your local supervisory authority.


Website Terms of Use

Introduction

These are the terms and conditions of use for [www.kisapp.co] (Site). The Site is operated by Kisapp Limited (we, us and our). We are a private limited company, registered in England. Our registered company number is 0957820, and our registered office is at 100 St. Paul's Churchyard, London EC4M 8BU. Our VAT registration number is 233 1920 37.

Your use of the Site will be subject to these terms and conditions and by using the Site you agree to be bound by them. The services we offer through our mobile app are provided subject to our App End User Licence Terms.

We reserve the right to change these terms and conditions from time to time by changing them on the Site.  These terms and conditions were last updated on the 20th of June 2016.

Access to the Site

The Site is intended for use only by persons who are at least 13 years of age. By using the Site, you confirm to us that you meet this requirement and that, if you are under the age of 18, you have received permission from your parent or guardian before using the Site.

It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site. The Site is designed to work best with latest version of Safari, Chrome and Firefox.

We cannot guarantee the continuous, uninterrupted or error-free operability of the Site. There may be times when certain features, parts or content of the Site, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you.  You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site.

What you are allowed to do

You may only use the Site for non-commercial use and only in accordance with these terms and conditions. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on-screen or accessible via a link.

What you are not allowed to do

Except to the extent expressly set out in these terms and conditions, you are not allowed to:

  • do anything not permitted under the App End User Licence Terms
  • 'scrape' content or store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site;
  • remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; or 
  • create links to the Site from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Site, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.

You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.

Intellectual property rights

All intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

Content

We may change the format and content of the Site from time to time. You agree that your use of the Site is on an 'as is' and 'as available' basis and at your sole risk.

Whilst we try to make sure that all information contained on the Site (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

Except to the extent provided in our App End User Licence Agreement, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content.

We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

Your personal information

Use of your personal information submitted to or via the Site is governed by our Privacy Policy.

External links

The Site/App contain respective links to each other and external social network pages. We are not responsible for the privacy policies of such sites and do not guarantee that they will be continuously available.

Warranty disclaimer

The App and any third-party software, services, or applications made available in connection with the App are provided to users “as is” and without warranty of any kind. By downloading and using Kisapp, as well as by accessing the Site, you expressly agree that your use of the App/Site is at your sole risk. To the fullest extent permitted by applicable law, Kisapp, its officers, directors, employees, and agents disclaim all warranties and representations, express or implied, in connection with the service and your use thereof, and in particular make or give no representation or warranty as to the quality, fitness for purpose, accuracy, freedom from bugs and defects or interruption, completeness, currency, correctness, reliability, integrity, of the App/Site; and, to the fullest extent permitted by applicable law, all implied warranties, conditions or other terms of any kind are hereby excluded.

Kisapp disclaim all warranties and representations about the accuracy or completeness of the service’s content and do not endorse or assume any liability or responsibility for any mistake or error, omissions or inaccuracies in any content posted, transmitted, or otherwise made available via the App/Site; any loss or damage, indirect, special, incidental, punitive of any kind which may result from your access to the App/Site and use of our service; including but not limited to personal injury, damages, of any nature whatsoever and even if Kisapp has been advised of the possibility of such damages beforehand; any unauthorized access to or use of our servers and/or any and all personal/financial information stored therein; any interruption or cessation of transmission to or from our service, any bugs or viruses, or the like which may be transmitted to or through our service through the actions of any third party.

Kisapp does not guarantee, warrant, endorse, or assume responsibility for any product or service offered by a third party through the App/Site or featured in any user communication. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Limitation of liability

By downloading and using the App as well as by accessing the Site you expressly agree, to the fullest extent permitted by applicable law, that Kisapp, its officers, directors, employees, agents, and affiliates, third-party partners or suppliers will not be liable to you for any mistake or error, omissions or inaccuracies in any content posted, transmitted, or otherwise made available via the App/Site; any loss or damage, indirect, special, incidental, punitive of any kind which may result from your access to the App/Site and use of our service; including but not limited to personal injury, damages, of any nature whatsoever and even if Kisapp has been advised of the possibility of such damages beforehand; any unauthorized access to or use of our servers and/or any and all personal/financial information stored therein; any interruption or cessation of transmission to or from our service, any bugs or viruses, or the like which may be transmitted to or through our service through the actions of any third party, whether based on warranty, contract, tort, or any other legal theory, and/or the disclosure of information pursuant to these terms of service or privacy policy. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Whether you are a consumer or a business user, in no event shall we be liable to you for any losses. 

We will not be liable for any loss of profits, revenue or goodwill, or for any indirect or consequential losses, and any liability we do have for losses you suffer (in contract, tort or other legal theory) is strictly limited to the greater of the aggregate of all amounts you have paid to us for the app and any in-app purchases.

You expressly acknowledge that Kisapp is not responsible or liable for any contents of any communications sent through the App/Site, or for the acts of any users including you, or for any errors or delays in transmissions of any communications.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. We will not be liable to you for any disclosures we make or other acts we perform which are required of us due to applicable laws or regulations or the instructions of a competent regulator or other authority.

We cannot and do not guarantee that the App/Site or its content will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of the App/Site and its content.

Nothing in these Terms shall limit or exclude our liability to you:

  • for fraudulent misrepresentation;
  • for breach of any term implied by the Consumer Rights Act 2015 and for which, by law, may not be limited or excluded;
  • for any other liability that, by law, may not be limited or excluded.

Separate rules govern use of our App, as set out in the App End User Licence Terms.

Indemnity

You agree to defend, indemnify and hold harmless Kisapp, its officers, directors, employees, agents, and affiliates, third-party partners or suppliers from and against any and all claims, suits, actions, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal costs and lawyer's fees) arising out of or relating to your use of the App/Site including all communications made by you through the App/Site, and: your use of and access to the Kisapp Service; your violation of any term of these Terms of Service; your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the Kisapp Service.

General

You may not transfer or assign any or all of your rights or obligations under these Terms.

All notices given by you to us must be given in writing to the address set out at the end of these Terms. If we fail to enforce any of our rights, that does not result in a waiver of that right. If any provision of these Terms is found to be unenforceable, all other provisions shall remain unaffected. These Terms may not be varied except with our express written consent.

These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to their subject matter. We are required by law to advise you that any contract formed on the terms of these Terms may be concluded in the English language only and that no public filing requirements apply.

These terms and conditions shall be governed by English law, and you agree that any dispute between you and us regarding them or the Site will only be dealt with by the English courts, provided that, if you are a consumer and not a business user and live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.

Contacting Us

Please submit any questions you have about these terms and conditions or any problems concerning the Site .


Law Enforcement Guidelines

Introduction

These Law Enforcement Guidelines (Terms)  set out the terms for any Law Enforcement Enquiry. These Terms were last updated on the 20th of June 2016.

General Information

a) What is Kisapp?

Kisapp is a Smart Ephemeral messaging app that provides multilayered end-to-end encryption of text, picture, audio and video messages. Using a patent-pending technology, all messages sent using Kisapp are ephemeral by default and securely deleted:

  • From the sender’s device once successfully sent.
  • From the recipient’s device AND our servers once successfully delivered and read (i.e. when reading time is up).

Deletion of messages is instantly synchronized across all the devices linked to a same Kisapp account. Encrypted messages are stored on our servers in an undecipherable form until received by the intended recipient's devices and deleted. Undelivered messages are securely deleted after 72h.

We do not have plaintext copies of messages exchanged by any user on our system. We also don't have the keys to decrypt our users’ communications. We don’t want and can't read any of the messages sent through Kisapp, nor do we know who our users are, or with whom they communicate.

Kisapp is fully committed to operating in an environment of complete transparency and to cooperating with law enforcement while respecting each individual's right to privacy, which is at the forefront of our mission.

b) What information does Kisapp store ?

Kisapp has the following information about user accounts, securely stored on servers based in Switzerland:

  • Date an account was created.
  • Country where an account was created.
  • Encrypted version of the chosen user name, and which we are not able to decrypt.
  • Total number of sent/received messages.
  • A ciphertext copy of any undelivered encrypted messages which have not been deleted yet, if any, and which we are not able to decrypt.
  • Contact Settings (such information includes numbers of contacts mute/hidden/block).
  • Encrypted contacts manually entered on Kisapp, if any, and which we are not able to decrypt (encrypted information includes encrypted name and encrypted telephone number).
  • Hashed version of the chosen password used to access the app, and which we are not able to decrypt.
  • Hashed version of the given unique recovery key, and which we are not able to decrypt.
  • Hashed version of the telephone number used to create an account, and which we are not able to decrypt.
  • Profile photo, if any, and which we are not able to decrypt.
  • Encrypted information about group chat, if any, and which we are not able to decrypt (encrypted information includes encrypted name and encrypted photo)
  • Limited records of recent account activity (does not include data and message content or routing and delivery information).
  • Kisapp version number.
  • Device’s OS version number.
  • Type of device(s) on which such account is used.
  • Date of last use.

Service of Process guidelines

For government information requests, we comply with the laws pertaining to entities that control our data and we provide available details as legally required. For content requests from law enforcement agencies, and with the exception of emergency circumstances (defined below in Emergency Requests), Kisapp will only provide content in response to a valid search warrant or through other cooperative efforts with the United Kingdom Ministry of Justice and the Swiss Federal Department of Justice.

a) Requests for Kisapp account information

Kisapp will accept service of legally valid law enforcement information requests by email from law enforcement agencies, provided these are transmitted from the official email address of the law enforcement agency concerned. Law enforcement officers submitting an information request to Kisapp should complete a Law Enforcement Information Request template, available at Appendix A, and transmit it directly from their official law enforcement email address to . This email address is intended solely for submission of law enforcement requests by law enforcement and government agents.

We disclose account records solely in accordance with our terms of service and applicable law:

  • A valid subpoena issued in connection with an official criminal investigation is required to compel the disclosure of basic subscriber records, which may include some or all available information described under General Information, if any.
  • A court order is required to compel the disclosure of certain records or other information pertaining to the account, not including contents of communications, which may include some or all available information described under General Information, if any.

b) Content of communications

Requests for the content of communications require a search warrant issued under the procedures and applicable law in the United Kingdom or Switzerland, or equivalent local warrant procedures upon presentation of a probable cause. However, our response to such request will reflect the fact that contents of communications are not stored on our servers or that, in very limited instances where a message has not yet been retrieved by the recipient, the content is encrypted data in an undecipherable form.

c) Submission of requests

Law enforcement and/or government agencies should submit legal requests directly from their official law enforcement or government email address to and using the dedicated form available in Appendix.

All law enforcement or government requests for user information must include the following:

  • The name of the issuing authority (law enforcement / government agency), name and badge/ID number of the requesting agent, valid email address from a law enforcement domain, physical return address and direct contact phone number, including extension when applicable.
  • Identifying information of the user being investigated, such as user ID.
  • A narrow and specific description of the information requested. We will not be able to process overly broad requests and Kisapp will interpret received requests narrowly to maintain users’ privacy and aim for information disclosed not to exceed the scope of the request. 
  • Response due date.
  • A copy of the court order, warrant, or subpoena.

Please note that acceptance of legal process by any of these means is for convenience and does not waive any objections, including lack of jurisdiction or proper service.

We will not respond to correspondence sent by non-law enforcement officials to the email above. Kisapp considers a law enforcement information request to be legally valid if it is made in circumstances pertaining to the bona fide prevention, detection or investigation of offences and will respond appropriately to what it considers to be such legally valid requests.

d) Emergency requests

Kisapp may provide information to law enforcement in response to a valid emergency disclosure request. If we receive information indicating that there is an emergency involving a serious and imminent danger of death or serious physical injury to a person, threat to the security of a State, or danger of substantial damage to critical infrastructure or installations, we will examine such requests on an emergency basis and may provide information to law enforcement to prevent that harm, if we have it. Law enforcement officials can submit an emergency disclosure request via email to and using the dedicated form available in Appendix.
Emergency disclosure requests must be on law enforcement letterhead and include all of the following information:

  • Identity of the person who is in danger of death or serious physical injury;
  • The nature of the emergency;
  • Device’s ID or telephone number of the subject account(s) whose information is necessary to prevent the emergency;
  • The specific information requested and why that information is necessary to prevent the emergency;
  • The signature of the submitting law enforcement officer; and
  • Any other relevant details about the circumstances that we should take into account.

Important note: We will not review requests sent to this email address by non-law enforcement officials. Users aware of an emergency situation should immediately and directly contact local law enforcement officials.
In the event that Kisapp produces customer data in response to an Emergency Law Enforcement Information Request, a supervisor for the law enforcement agent who submitted the Emergency Law Enforcement Information Request will be contacted and will be asked to confirm to Kisapp that the emergency law enforcement information request was legitimate. Kisapp requires that the law enforcement agent who submits the Emergency Law Enforcement Information Request provide the supervisor’s contact information upon submission of the request.

e) Account preservation requests

All data stored by Kisapp is anonymous and highly encrypted at the location of the server. Kisapp does not have store any key which could be used to dechipher the information stored. Law enforcement agencies outside Switzerland seeking such content must obtain legal process through the Swiss Federal Department of Justice.

Upon receipt of a valid preservation request from law enforcement under applicable law, we will temporarily preserve account records for 90 days pending our receipt of formal legal process. We will only disclose preserved records upon receipt of valid legal process. A Mutual Legal Assistance Treaty request or letter rogatory may be required to compel the preservation requests of an account.

Preservation requests should be on law enforcement letterhead, signed by the requesting official, and include a valid official email address. Preservation requests may be submitted to via the methods described above.

f) Account deletion requests

Deletion of a customer’s account requires a court order or warrant issued under applicable law specifying the account that is to be deleted and the basis for the request.

Notice to users

Our policy is to notify users of requests for their account information prior to disclosure which might include providing user with a copy of the request, unless we are prohibited by law from doing so or in exceptional circumstances, such as child exploitation cases, emergencies or when providing notice would likely pervert the course of justice or prejudice the administration of justice. Law enforcement officials who consider that providing notice would jeopardise an investigation should obtain an appropriate court order or other appropriate process establishing that providing notice is prohibited. If a data request draws attention to an ongoing violation of our terms of use, we will take action to prevent further abuse, including actions that may notify the user that we are aware of their misconduct or by the blocking of the relevant account.

Private Party Requests

a) Account Content

Unless required by applicable law, private parties will not obtain account contents from electronic communication service providers using civil subpoenas. Parties to litigation may satisfy party and non-party discovery requirements relating to a Kisapp account by seeking the contents of such account directly from the user. Kisapp will not preserve account content in response to a request from a private party.

b) Account information

Kisapp may provide basic account information (not content) in response to a valid subpoena issued by a court where the requested information is indispensable to the case and not already within a party’s possession. Kisapp will notify affected account holders prior to complying with such subpoenas. Parties seeking basic account information must specifically identify accounts by device’s ID or telephone number.

International legal process requirements 

We disclose account records solely in accordance with our terms of service and applicable law. A Mutual Legal Assistance Treaty request or letter rogatory may be required to compel the disclosure of the contents of an account.

Testimony and production of records

Kisapp does not provide expert testimony support. We provide records in electronic formats which are self-authenticating pursuant to law and should not require the testimony of a records custodian. If a special form of certification is required, please explicitly note it in your request.

We may seek reimbursement for costs in responding to requests for information and producing records as provided by law. We may also charge additional fees for costs incurred in responding to unusual or burdensome requests. We may waive these fees in matters investigating potential harm to children, Kisapp and our users, and emergency requests.

Appendix A
The Law Enforcement Information Request form is available as an editable PDF here.

Appendix B
The EMERGENCY Law Enforcement Information Request form is available as an editable PDF here.


Legal

Trademarks

Kisapp is a registered trademark of Kisapp Ltd. All other product names, logos, and brands on the website like Apple, iPhone, iPad, Apple Watch, iOS, Androïd, are property of their respective owners. Use of Apple products pictures with permission of Apple to developpers. All company, product and service names used in this website are for identification purposes only. Use of these names, logos, and brands does not imply endorsement.

Credits

Website owner / editor: Kisapp Ltd.
Designed by Libertad.fr
Credits: theme 5f8dea93-b7ed-4092-878b-92e3070d4955 - photo: fotolia, devices pictures by Apple.
Hosting: Amen.


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